22-091 (10-06) Easement Acquisitions Eminent Domain Douglas Drive and TH 55 Underpass RoundaboutsDOCSOPEN-GL135-38-827143.v1-9/29/22
CITY OF GOLDEN VALLEY
RESOLUTION NO. 22-091
RESOLUTION AUTHORIZING EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY INTERESTS
WHEREAS, the City Council deemed it necessary and expedient that the City of Golden
Valley, Minnesota (the “City”) construct certain improvements, to-wit: the Douglas Drive /
Highway 55 Intersection Improvement Project, Project No. 20-15 (the “Project”), which includes
the design, easement acquisition, and construction of a new roundabout for Douglas Drive and
pedestrian underpass beneath T.H. 55, creating a safer connection for pedestrians and cyclists
across the state highway;
WHEREAS, funding for designing the Project, acquisition of necessary right-of-way for
construction of the Project, and construction of the Project has been obtained or committed;
WHEREAS, the City Council has approved the final design for the Project;
WHEREAS, it is necessary for the City to acquire certain real property interests, as
described and depicted in the attached Exhibit A, to construct and maintain the Project
(collectively, the “Real Property Interests”);
WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient,
and in the interest of the general welfare that the City acquire title to and possession of the Real
Property Interests in furtherance of the Project;
WHEREAS, the City Council finds that the construction schedule for the Project makes it
necessary to acquire title to and possession of the Real Property Interests prior to the filing of the
final report of the condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged independent real estate appraisers to provide the City
with the appraisers’ opinions of damages caused by the City’s acquisition of the Real Property
Interests needed for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley, Minnesota:
1. The recitals set forth in this Resolution are incorporated into and made a part of this
Resolution;
2. That the acquisition of the Real Property Interests is necessary and for a public purpose in
furtherance of the Project;
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
DOCSOPEN-GL135-38-827143.v1-9/29/22
3. That the proper City officers and agents are authorized and directed to acquire the Real
Property Interests needed for the Project by voluntary negotiation and, if necessary,
through the exercise of the power of eminent domain;
4. That the proper City officers and agents are authorized and directed to make offers of
compensation to the respective landowners for the Real Property Interests needed for the
Project consistent with the independent appraisals, and to attempt to negotiate the voluntary
acquisition of the Real Property Interests;
5. That the law firm of Kennedy & Graven, Chartered, is authorized and directed to take all
steps necessary on behalf of the City to acquire through eminent domain the Real Property
Interests that are not acquired by voluntary negotiation, including filing an action in
eminent domain and using the quick take procedure under Minn. Stat. § 117.042;
6. That the City Engineer is authorized to approve the appraised values for the Real Property
Interests if the City Engineer determines that the independent appraisals adequately reflect
the fair market values thereof for the purposes of Minn. Stat. § 117.042.
Adopted by the City Council this 6th day of October, 2022.
Shepard M. Harris, Mayor
Attest:
______________________________
Theresa J. Schyma, City Clerk
(SEAL)
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
A-1
DOCSOPEN-GL135-38-827143.v1-9/29/22
EXHIBIT A
LEGAL DESCRIPTIONS AND SKETCHES
OF THE PROPERTY INTERESTS TO BE ACQUIRED
Parcel 1
Address: 6250 Olson Memorial Highway, Golden Valley MN
Tax Parcel ID: 33-118-21-23-0013
Abstract Property
Legal Description of the Subject Property:
Tract A: Lot 1, Block 2, EXPRESSWAY INTERNATIONAL PARK, according to the plat thereof on
file and of record in the office of the County Recorder in and for Hennepin County, Minnesota;
Legal Description of the Easements to be acquired:
A Permanent Easement for access, construction, reconstruction, installation, repair, and
continued maintenance purposes, in order to perform any and all work, and to install and
maintain any and all improvements and structures over, under, and across that part of the
following described property:
Tract A which lies southwesterly and westerly of Line 1 described below and easterly of Line 2
described below:
Line 1. Commencing at the east quarter corner of Section 32, Township 118 North, Range 21
West, said County; thence South 00 degrees 46 minutes 44 seconds East, along the
east line of said Section 32 for 135.00 feet; thence North 89 degrees 13 minutes 16
seconds East for 86.19 feet to the point of beginning of Line 1 to be described; thence
North 15 degrees 59 minutes 49 seconds West for 41.63 feet; thence North 00
degrees 12 minutes 15 seconds East for 200 feet and there terminating;
Line 2. Commencing at the northwest corner of said Lot 1; thence South 89 degrees 20
minutes 32 seconds East, assumed bearing along the north line thereof, 3.91 feet to
the point of beginning of Line 2 to be described; thence South 00 degrees 21 minutes
51 seconds West, 220.40 feet to the south line of said Lot 1 and there terminating;
containing 5105 square feet, more or less;
A Temporary Easement for construction purposes over, under and across that part of the
following described property:
Tract A which lies easterly of Line 1 described below and southwesterly and westerly of a line
run parallel with and distant 3.5 feet easterly of Line 1 described above;
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
A-2
DOCSOPEN-GL135-38-827143.v1-9/29/22
together with a strip 20 feet in width adjoining and easterly of the above described strip, which
lies northerly of a line parallel with and distant 37.7 feet southerly of the north line of said
Tract A;
containing 1541 square feet, more or less.
The term of said Temporary Easement shall commence on October 1, 2023 and shall terminate
on September 30, 2023.
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
A-3
DOCSOPEN-GL135-38-827143.v1-9/29/22
Parcel 1 Depiction
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
A-4
DOCSOPEN-GL135-38-827143.v1-9/29/22
Parcel 3
Address: 6401 Westchester Circle, Golden Valley MN
Tax Parcel ID: 32-118-21-41-0036
Torrens Property
Legal Description of the Subject Property:
Tract A: Lot 7, Block 3, WESTCHESTER, according to the plat thereof on file and of record in
the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title
thereto being registered as evidenced by Certificate of Title No. 1314150;
Legal Description of the Easements to be acquired:
A Permanent Easement for highway purposes to grade, construct, operate, maintain, use, alter,
repair and remove a public highway, trails, sidewalks, bridges, structures, storm sewer, sanitary
sewer, other transportation-related use(s), public facilities and utilities, boulevards and
appurtenances, including for drainage and utility purposes and for other public and/or quasi -
public uses and appurtenances permitted under Minnesota State Statutes over, under, and
across that part of the following described property:
Tract A which lies northeasterly and northwesterly of Line 1 described below:
Line 1. Commencing at the east quarter corner of Section 32, Township 118 North, Range 21
West, said County; thence South 00 degrees 46 minutes 44 seconds East, along the
east line of said Section 32 for 466.04 feet; thence South 89 degrees 13 minutes 16
seconds West for 156.22 feet to the point of beginning of Line 1 to be described;
thence North 64 degrees 47 minutes 23 seconds West for 46.00 feet; thence South 78
degrees 04 minutes 01 second West for 100 feet and there terminating;
containing 965 square feet, more or less;
A Temporary Easement for construction purposes over, under and across that part of the
following described property:
A strip being that part of Tract A hereinbefore described, adjoining and southerly of the above
described strip, which lies northeasterly and northwesterly of a line run parallel with and distant
5 feet southerly of Line 1 described above;
containing 633 square feet, more or less.
The term of said Temporary Easement shall commence on October 1, 2022 and shall terminate
on September 30, 2024.
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E
A-5
DOCSOPEN-GL135-38-827143.v1-9/29/22
Parcel 3 Depiction
DocuSign Envelope ID: 03BA2AB7-750B-48CB-80AF-9C492E4D008E